Who’s Liable If a Police Car Hits You During a Chase in Tempe?
When you think of car accidents in Tempe, you probably imagine fender benders in a parking lot or distracted drivers running red lights. But some of the most legally complex and emotionally charged crashes happen during high-speed police chases—and when a police car is involved in a collision, the path to compensation becomes far less straightforward.
If a patrol car hits your vehicle while pursuing a suspect, are you simply out of luck? Can you file a claim against the police department? And what happens if you’re injured in the chaos of a multi-car chase-related crash?
At Tempe Car Accident Attorney, our team has reviewed the unique liability issues that arise when emergency vehicles are involved in collisions. If a police chase ends in your vehicle being damaged—or worse, you or a loved one being injured—here’s what you need to know about your legal options.
Police Chases Are Rare—But Dangerous
While high-speed pursuits are not everyday occurrences in Tempe, they do happen. Especially near freeway corridors or arterial streets in North Tempe, fleeing suspects often lead law enforcement on fast, high-risk chases that cut through intersections, school zones, and even residential neighborhoods.
Unfortunately, innocent drivers and pedestrians sometimes end up as collateral damage—struck by a suspect’s car, a pursuing police vehicle, or caught in a chain-reaction crash involving multiple vehicles.
Is the Police Department Automatically Liable?
Not necessarily. Under Arizona law, government agencies have partial immunity for injuries or damages that occur during certain emergency responses—including police chases. However, that immunity isn’t absolute.
Liability depends on several key factors:
Whether the officer was following department protocol
Whether the officer acted with “gross negligence”
Whether the chase was justified given the risk to the public
If the officer’s behavior was reckless or outside of policy, and that behavior caused your injuries, the department may be liable. But if the officer acted within reasonable bounds under state law, immunity may apply.
What Arizona Law Says About Police Chase Liability
Under A.R.S. § 12-820.02, public entities (like the Tempe Police Department) are generally protected from lawsuits stemming from emergency response actions—unless the officer acted with gross negligence or with intent to cause harm.
This statute means that proving ordinary negligence (like a wrong turn or misjudged stop) often isn’t enough. Instead, you must show that the officer’s conduct during the chase was far outside the bounds of what is acceptable, such as:
Ignoring known risks in a densely populated area
Failing to follow mandatory pursuit guidelines
Continuing a chase for a nonviolent, low-level offense
Speeding through pedestrian-heavy areas like Downtown Tempe
When Is the Department More Likely to Be Liable?
Each case is unique, but liability is more likely when:
The officer collides with a civilian vehicle not involved in the chase
The pursuit took place in an area known to be high-risk, like Meyer Park or a school zone
The suspect being chased posed no immediate danger to others
Department policy was clearly violated (e.g., failing to call off the chase when ordered)
In these cases, the City of Tempe or its police department may be held financially responsible for the resulting injuries or property damage—but only if a timely Notice of Claim is filed.
Filing a Claim Against the Tempe Police Department
Claims against government agencies follow a different set of rules than normal personal injury cases. Specifically, you must:
File a Notice of Claim within 180 days of the accident
Submit the claim to the City of Tempe or its legal department
Include a specific dollar amount and factual basis for the claim
Attach supporting documents like the crash report, medical records, and repair estimates
Miss that deadline, and you may lose your right to pursue any compensation—no matter how severe your injuries. For more information, review our guide to filing claims against the city.
What If the Suspect’s Vehicle Caused the Crash?
In many police chase scenarios, the actual collision is caused by the suspect’s vehicle—not the patrol car. This adds another layer of complexity.
In these situations, victims can try to bring a claim against the at-fault driver, but:
That driver may be uninsured
They may flee the scene or be difficult to identify
They may not have the assets to pay for your losses
If that happens, your best hope may be to file a claim under your own uninsured/underinsured motorist coverage or pursue a secondary claim if the police pursuit itself was mishandled.
Our uninsured driver accident guide covers how these situations are handled when the driver at fault can’t be held accountable directly.
Injuries Commonly Seen in Police Chase Crashes
Because these crashes tend to involve high speeds, the injuries can be catastrophic—even if they occur in parking lots or residential streets:
Traumatic brain injuries from impact or ejection
Spinal cord injuries resulting in paralysis
Crush injuries, broken bones, or internal bleeding
Wrongful death in especially violent collisions
These cases require substantial evidence, medical records, and often expert testimony to prove how the injury occurred and whether the chase contributed to it.
Protecting Yourself After a Chase-Related Crash
If you’re injured in a crash involving a police pursuit—whether by a squad car or a fleeing suspect—take these steps immediately:
Call 911 and get medical help
Document the scene and gather witness names
Ask if body cam or dash cam footage is available
Request a copy of the police report
Consult your insurance about UM/UIM coverage
Because claims against the city are time-sensitive and often disputed, it’s critical to act quickly and document everything.
Final Thoughts
Getting hit by a police vehicle in the middle of a high-speed chase is one of the most complex types of crash scenarios in Tempe. While the officer may have been doing their job, that doesn’t mean they—or the city—are immune from liability. But Arizona law makes it difficult to succeed without evidence of serious misconduct.
For help understanding where your case fits, visit our legal resources or learn more about government liability after a crash.
